AUSTRALIAN CAPITAL TERRITORY
National Land (Parking) Ordinance 1994
No. 2 of 1994
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.
Dated 18-2-1994
Bill Hayden
Governor-General
By His Excellency’s Command,
B. Howe
Minister for Housing, Local Government
and Human Services
__________________________________
An Ordinance to make provision for the parking of vehicles on national land
1 Short title
This Ordinance may be cited as the National Land (Parking) Ordinance 1994.[1]
2 Commencement
(1) Section 1 and this section commence on the day on which this Ordinance is notified in the Gazette.
(2) The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.
(3) If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Ordinance is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
3 Interpretation
In this Ordinance, unless the contrary intention appears:
applied provisions means the provisions applied by section 4.
Motor Traffic Act means the Motor Traffic Act 1936 of the Territory.
national land has the meaning given by section 27 of the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth.
Territory public servant means:
(a) a member of the public service established by section 54 of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth; or
(b) a member of the transitional staff within the meaning of the A.C.T. Self-Government (Consequential Provisions) Act 1988 of the Commonwealth.
vehicle has the same meaning as in the Motor Traffic Act.
4 Application of Motor Traffic Act to national land
The provisions of:
(a) the Motor Traffic Act; and
(b) the regulations under that Act;
as amended and in force from time to time, in so far as:
(c) they relate to the management of land and the stopping and parking of vehicles; and
(d) they are not otherwise applicable to, or to persons on, national land;
apply to national land and to persons on that land by virtue of this section, subject to the modifications specified in the Schedule.
5 Arrangements by Minister
(1) The Minister may, on behalf of the Commonwealth, enter into an arrangement with the Territory or any other person with respect to the administration of the applied provisions on behalf of the Commonwealth.
(2) Without limiting the generality of subsection (1), an arrangement may provide for the services of Territory public servants to be made available to the Minister for the exercise of powers or the performance of functions under the applied provisions.
Schedule
Modifications of applied provisions of Motor Traffic Act 1936
(section 4)
Subsection 4 (1)
Insert the following definition:
‘Commonwealth Minister means the Minister of the Commonwealth for the time being administering the National Land (Parking) Ordinance 1994.’.
Subsection 4 (1) (definition of officer)
Insert ‘or Commonwealth Minister’ after ‘Minister’.
Section 6
After subsection (2) insert the following subsection:
‘(2A) The Commonwealth Minister may appoint such officers as he or she considers necessary for carrying out this Act.’.
Section 109
Omit ‘Minister’ (wherever occurring), substitute
‘Commonwealth Minister’.
Subsection 109 (6)
Omit the subsection:
Further modifications
Each of the following provisions of the Motor Traffic Act is modified by omitting ‘Minister’ and substituting ‘Commonwealth Minister’:
Sections 110 and 111, paragraphs 112 (a), (b), (c) and (d), section 163B, subsection 163F (3), sections 163J and 163K, subsections 163L (1) and (2), sections 163LA, 163M and 163MA, paragraph 163MB (a) and subsections 163N (1) and (2).
NOTE
[1] Notified in the Commonwealth of Australia Gazette on 2 March 1994.
Overview
The National Land (Parking) Ordinance 1994 was enacted by the Australian Capital Territory with the purpose of regulating the parking of vehicles on national land within the territory. This ordinance applies the Motor Traffic Act 1936 to national land, with certain modifications, to ensure consistent management and enforcement of parking regulations. The enactment of this ordinance addressed a gap in the existing legislation by providing specific provisions for parking on national land, thereby improving the regulation and management of parking in the territory. The policy objective was to ensure that the management of parking on national land is consistent with the broader traffic laws, while allowing for specific adaptations to the unique circumstances of national land.
Scope and Application
The National Land (Parking) Ordinance 1994 applies to the management and regulation of vehicle parking on national land within the Australian Capital Territory. This includes the application of provisions from the Motor Traffic Act 1936, which govern the stopping and parking of vehicles on such land, with specific modifications as outlined in the Schedule to the Ordinance. The Ordinance applies to any person found on national land, and the provisions of the Motor Traffic Act are extended to this area by virtue of section 4, subject to certain modifications. The scope of the Ordinance is limited to national land as defined in the Australian Capital Territory (Planning and Land Management) Act 1988, and it does not apply to any other land within the Territory. The Minister, who is the Commonwealth Minister for the purposes of this Ordinance, has the authority to enter into arrangements for the administration of these provisions, including potentially engaging Territory public servants as defined in the relevant Commonwealth Acts.
Key Provisions
The National Land (Parking) Ordinance 1994 applies the Motor Traffic Act 1936 to the management of land and the stopping and parking of vehicles on national land in the Australian Capital Territory, with certain modifications (section 4). The provisions of this Ordinance and the Motor Traffic Act, as amended, are applied to national land and persons on that land, subject to the modifications outlined in the Schedule (section 4). The Minister for Housing, Local Government and Human Services is authorised to enter into arrangements with the Territory or other persons to administer these provisions on behalf of the Commonwealth, which may include the use of Territory public servants (section 5). Modifications to the Motor Traffic Act include the addition of a definition for "Commonwealth Minister" and the substitution of "Commonwealth Minister" for "Minister" in various sections, ensuring that the relevant powers and functions under the Motor Traffic Act are administered by the Commonwealth Minister (Schedule).
The Ordinance imposes obligations on the Commonwealth Minister to appoint necessary officers for carrying out the Act, as well as to enter into arrangements with the Territory or other parties for the administration of the applied provisions (section 5(1)). The Minister must also ensure that the applied provisions are administered effectively on national land, which includes managing the stopping and parking of vehicles in accordance with the Motor Traffic Act, subject to the modifications specified in the Schedule (section 4). Additionally, the Minister is required to make arrangements for the services of Territory public servants to be available for the exercise of powers or performance of functions under the applied provisions (section 5(2)).
Offences under the Motor Traffic Act that are applied to national land by this Ordinance are subject to the same penalties as if they were committed on other land within the Territory. For example, offences such as parking in a prohibited area, parking without displaying a valid permit, or parking in a manner that obstructs traffic may result in fines or other penalties as prescribed in the Motor Traffic Act (section 4). Any breach of the Ordinance or the applied provisions may also lead to civil or criminal consequences, including fines, as specified in the Motor Traffic Act. The maximum penalties for these offences are determined by the relevant provisions of the Motor Traffic Act, which are applied to national land under this Ordinance.